Michigan Line 5 Case to Remain in State Court, a Setback for Enbridge Energy

The Sixth Circuit Court of Appeals denied Enbridge Energy’s request for the Line 5 lawsuit Nessel v. Enbridge to receive a rehearing in federal court, returning the case to state court. The court Enbridge had missed the 30-day deadline after Nessel filed the lawsuit in June 2019 to appeal moving the case to federal court, and that it relied on improper arguments when doing so. The Canadian company had proposed boring a tunnel under the Straits of Mackinac to house the pipeline more than five years ago. Nessel’s case seeks to void a 1953 exception to environmental rules which allowed that section of the pipeline to operate, arguing the environmental risks posed by the pipeline are too great.